Pest controller breached law

A case was brought recently under the UK Food and Environment Protection Act (FEPA) and also under the Health and Safety at Work Act by the Health and Safety Executive against an employee of a pest control company. Mr Thomas Keightley of Hailsham, East Sussex was fined a total of £5,000 for contraventions – a rare case of prosecution under these Acts for the misuse of pesticides.

Mr Keightley, an employee of a pest control company had been called to a private household to control moles. Talunex, with active ingredient aluminium phosphide was used in the process and pellets were left within three metres of the dwelling – contrary to the conditions of approval for the pesticide. The charge was brought under Section 16 of FEPA which calls for conditions of approval to be respected. In addition, Mr Keightley was charged under the Health and Safety at Work Act which, under Section 7, calls for every employee to take reasonable care of himself and of other people who may be affected by his actions or omissions at work. After applying the substance, Mr Keightley left the remaining pellets with the householder without instructions on their safe storage and use.
    After the hearing, the HSE inspector commented: ‘The magistrates appeared to have noted the very hazardous properties of the substance which are reflected in the severity of the penalties. It is paramount that pesticides approved for use only by professional operators are applied in accordance with the conditions of use and also with consideration toward the health and safety of other people.’ (DM)

HSE Press Release E074.03 – 7 May 2003.

[This article first appeared in Pesticides News No. 60, June 2003, page 19]